A writ petition challenging loan classification as NPA under SARFAESI is premature if no prior objection is filed.

P.V. BALAKRISHNAN, J.

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…........................................................... Dated this the 10^th day of March, 2026 JUDGMENT The petitioner has rushed to this Court immediately after receiving a notice under Section 13(2) of the SARFAESI Act , challenging the classification of the petitioner's MSME loan account as a Non-Performing Asset (NPA), seeking restoration of the loan account to a standard category and to consider the petitioner's request for restructuring/rehabilitation in accordance with the mandatory RBI-MSME framework.

2. Heard the learned counsel for the petitioner.

3. I am of the considered view that the present writ petition is highly premature since, the petitioner has wihtout even filing a representation/objection to the Section 13(2) notice has approached this Court. That apart it is to be taken note that the petitioner can take all the contentions now projected in this writ petition in his representation/objection to Section 13(2)

notice, which the bank is duty bound to consider.

In such circumstances, this writ petition is dismissed with liberty to the petitioner to file a proper representation/objection to Section 13(2) notice, before the appropriate authority within a period of one week from today. On filing such objections the respondents concerned shall pass appropriate orders on it.

Sd/-